ידיד בית המשפט במשפט הפלילי - האיזון הראוי בין זכויות נפגעי עבירה לזכויות מעורבים בפלילים Amicus Curiae in Criminal Law - the Appropriate Balance between the Rights of Victims of Crime and the Defendants' Rights

2019 ◽  
Author(s):  
Shai Farber
Keyword(s):  
Criminal Law ◽  
Amicus Curiae ◽  
Victims Of Crime

scholarly journals PERLINDUNGAN KORBAN MELALUI KOMPENSASI DALAM PERADILAN PIDANA ANAK

2020 ◽  
Vol 5 (1) ◽  
pp. 119-136
Author(s):  
Hafrida Hafrida ◽  
Helmi Helmi
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Court ◽  
The State ◽  
State Responsibility ◽  
Crime Victim ◽  
Victims Of Crime ◽  
Victim Protection ◽  
Empirical Condition

ABSTRAKArtikel ini bertujuan untuk menganalisis konsep perlindungan korban melalui kompensasi dalam peradilan pidana anak sebagai wujud tanggungjawab negara. Peradilan Pidana Anak di Indonesia melalui Undang-Undang Nomor 11 Tahun 2012 mengedepankan penyelesaian perkara anak melalui keadilan restoratif yang memberikan perlindungan yang seimbang antara perlindungan pelaku anak melalui diversi dan perlindungan korban tindak pidana anak. Diversi yang memberikan perlindungan yang seimbang antara pelaku dan korban ini merupakan pembaharuan dalam hukum pidana anak yang berkeadilan untuk semua pihak (Victim-offender oriented). Keterlibatan korban/keluarganya dan pelaku/keluarganya sangat menentukan berhasil atau tidaknya diversi dalam penyelesaian perkara anak. Posisi pelaku/keluarganya dan korban/keluarganya adalah sejajar. Kepentingan kedua belah pihak harus sama dan seimbang. Perlindungan korban melalui kompensasi merupakan wujud tanggungjawab negara terhadap warga negara yang menjadi korban tindak pidana. Kondisi empirik menurut data Badilum MA menunjukan rendahnya keberhasilan diversi (4%), kegagalan diversi ini penyebab utamanya adalah tidak tercapainya kesepakatan ganti kerugian karena kesepakatan diversi hanya diserahkan sepenuhnya pada kesepakatan pelaku dan korban. Disinilah menunjukan bahwa negara abai terhadap perlindungan korban, seharusnya ketika negara melindungi kepentingan pelaku anak melalui diversi maka seharusnya negara juga menjamin perlindungan korbannya melalui kompensasi, sehingga ke depan diharapkan tingkat keberhasilan diversi akan semakin baik. Kata kunci: kompensasi; korban tindak pidana; peradilan pidana anak; perlindungan korban. ABSTRACT This article aimed to analyze the concept of victim protection through compensation in juvenile criminal justice as a form of state responsibility. Juvenile Criminal Court in Indonesia through Law Number 11 of 2012 prioritizes the settlement of juvenile cases through restorative justice providing balanced protection between juvenile offenders through diversion and protection for victims of juvenile crimes through reform of juvenile criminal law that is just for all parties (victim-offender oriented). The involvement of the victim and his family and the perpetrator and his family will greatly determine the success or failure of diversion in solving juvenile cases. The position of the perpetrator and his family and the victim and his family are equal. The interests of both parties should be equal and balanced. Protection of victims through compensation is a form of state responsibility towards citizens who are victims of criminal acts. The empirical condition according to Badilum's data showed the low success of diversion (4%). The failure of this diversion is the main cause of the failure to reach an agreement for compensation because the diversion agreement is only left to the agreement of the perpetrator and victim. This showed that the state was ignorant of victim protection. When the state protects the interests of juvenile through diversion, the state should also guarantee the protection of the victims through compensation. Hence, the success rate of diversion will hopefully be better in the future. Keywords: compensation; juvenile criminal court; victims of crime; victim protection.

scholarly journals Being (almost) invisible: Victims of crime in the Italian juvenile criminal justice system

Temida ◽  
2014 ◽  
Vol 17 (4) ◽  
pp. 87-106
Author(s):  
Susanna Vezzadini
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Court ◽  
Judicial Discretion ◽  
Application Of Law ◽  
Emilia Romagna Region ◽  
Victims Of Crime

From 2008 to 2013 the author has been a Special Judge in the Juvenile Criminal Court of the Emilia Romagna Region. From that privileged perspective, it was possible to observe the dynamics of how victims of underage offenders were considered before the law, no differences if they are adults or minors, too. The reflections presented will first consider EU and UN provision on victims of crime; then, the normative framework supporting the Italian criminal juvenile justice system will be considered by an examining of the difficulties victims meet in that peculiar context. The implementation of juvenile criminal law shows the paradox victims of crime have to cope with. The Juvenile Criminal Court in Bologna recently started to promote a wide use of restorative justice measures as an attempt to correct the unfair consequences in the application of law, with judicial discretion interpreted as an instrument to favour victims? harm recognition and to protect their dignity as persons.

Information Systems for Victims of Crime: Results of Comparative Research

1998 ◽  
Vol 5 (2) ◽  
pp. 163-188 ◽  
Author(s):  
Marion E.I. Brienen ◽  
Ernestine H. Hoegen
Keyword(s):  
Information Systems ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Comparative Research ◽  
Justice System ◽  
Council Of Europe ◽  
Research Project ◽  
Victims Of Crime

In 1994 Tilburg University in the Netherlands and the Dutch Ministry of Justice launched a four-year research project on the implementation of Recommendation R (85) 11 of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure. Many of the guidelines encompassed by the Recommendation deal with information. In this article, which is based on interim results of the Dutch research, the focus is on the formal and actual implementation in several different countries of the guidelines concerning information that the criminal justice system should provide to the victim. Different information systems are compared and some of the problems encountered in practice are identified. Where possible, causes and solutions are suggested.

Der Schutz älterer Menschen durch das Strafrecht

2021 ◽  
Author(s):  
Stephanie Weiss-Brummer
Keyword(s):  
Criminal Law ◽  
Demographic Change ◽  
The Elderly ◽  
Legal Framework ◽  
Current State ◽  
Quality Of Protection ◽  
Criminological Research ◽  
Victims Of Crime ◽  
Special Protection

Despite the demographic change of our society, elderly people as victims of crime are still a group little noticed within the context of crime research. Therefore, this thesis deals with the victimization of the elderly and their protection by German criminal law. To this end, firstly the current state of empirical-criminological research with regard to elderly victims is elucidated to clarify fundamental questions: Is there a European and constitutional legal framework for a special protection of this group under German criminal law? Is such protection compatible with criminal law principles? On this foundation, the author then discusses the quality of protection of elderly victims.

Addressing vulnerability in Ireland’s criminal justice system: A survey of recent statutory developments

2020 ◽  
Vol 24 (3) ◽  
pp. 280-306 ◽  
Author(s):  
Alan Cusack
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Intellectual Disabilities ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
Sexual Offences ◽  
System A ◽  
Victims Of Crime

For over a quarter of century Ireland’s statutory special measures framework, as originally enacted by the Criminal Evidence Act 1992, remained largely unchanged, falling beyond the reformative gaze of successive Irish governments. This period of political inertia, however, came to an abrupt end in 2017 when Irish policymakers, motivated by developments at a European Union level, introduced two landmark legislative instruments which promised to reimagine the availability and diversity of Ireland’s store of statutory testimonial accommodations, namely the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017. By interrogating these newly-commenced instruments in light of the experience of crime victims with intellectual disabilities, this paper surveys the current procedural landscape governing the treatment of vulnerable crime victims in Ireland and is intended to go some way towards exposing the embedded evidential barriers which continue to prejudice efforts aimed at securing their best evidence in court.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI

2016 ◽  
Vol 3 (2) ◽  
pp. 172
Author(s):  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Child Victims ◽  
Sexual Offenses ◽  
Victims Of Crime ◽  
Victim Protection ◽  
The Law

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.

scholarly journals Why Indonesia Maintain Capital Punishment?

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 25-38
Author(s):  
Ahmad Irzal Fardiansyah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
The State ◽  
Law Reform ◽  
Effective Deterrent ◽  
Victims Of Crime

The death penalty in Indonesia is still maintained to combat crime within the Indonesian criminal law reform. Although many states have it removed, Indonesia would have the sole discretion to keep it. Despite the opposition, the death penalty application still has a juridical and sociological basis, so it is still legal to be maintained. Indonesia itself has overshadowed the death penalty with a form of legality according to international law so that the position of Indonesia that still maintain the death penalty cannot be blamed. Moreover, sociologically, Indonesian people still accept those who commit an offence who may have profound implications that could lead to the death penalty. This issue is what became the basis for lawmakers in Indonesia to keep it. This research uses the doctrinal method toexamine various regulations regarding capital punishment and non-doctrinal to understand the community's situation related to the existence of capital punishment in Indonesia. The death penalty is a more effective deterrent and therefore prevents crime better. With the death penalty, others were about to commit a similar crime is expected not to commit the crime. The death penalty is more effectively immobilizing offenders. Perpetrators, in principle, still manage to have the desire to commit the crime again after release. The death penalty for perpetrators of crimes is not a violation of human rights, but rather to respect human rights itself, namely for victims of crime. The setting and the application of the death penalty in Indonesia until now is still needed. They are considering that there are still many crimes that undermine humanity's values or the crimes that harm the State and crackdown on corruption in society.

scholarly journals POLITIK HUKUM PIDANA DALAM PERLINDUNGAN TERHADAP KORBAN KEJAHATAN DI INDONESIA

2012 ◽  
Vol 1 (3) ◽  
pp. 379
Author(s):  
Rena Yulia
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Procedure ◽  
System Protection ◽  
Procedure Code ◽  
The Social ◽  
Protection Of Human Rights ◽  
Victims Of Crime

Protection of victims of crime is part of the protection of human rights as a whole. The protection that provided was the responsibility of the state that has been manifested in a criminal law policy. The ultimate goal of the criminal law policy is the social defence to achieve the overriding goal of social welfare. Criminal law policy is basically also an integral part of social policy. Criminal Law Policy in Indonesia contained in implementation of the criminal policies through the establishment of statue such as the Penal Code, Criminal Procedure Code, and other organic laws which governing the criminal provisions in it. Criminal Law Policy was emerged from political law which integrated into the criminal policies that embodied in laws governing the criminal provisions. This essay is trying to discuss how criminal law policy in Indonesia that has been implemented, and how the criminal law policy in providing the protection of victims of crime through the criminal justice system in Indonesia. Currently, the criminal law policy regarding the protection of victims of crime has been regulated. But the provisions have not fully provides protection to victims of crime. It can be seen in Act No. 8 of 1981 on the Code of Criminal Procedure Act which gave more protection to the suspect than to the protection of victims. Furthermore, Law No. 13 of 2006 on the Protection of Witnesses and Victims provide better protect witnesses than victims. This is due to the Act appears to provide protection to witnesses incorruption cases. Keywords: the criminal law policy, the criminal justice system, protection of victims of crime.

scholarly journals LEGAL PROTECTION OF THE CRIME VICTIMS UNDER THE SWEDISH LAW OF XX—XXI CENTURIES (HISTORICAL AND LEGAL ANALYZE)

2016 ◽  
pp. 0-0
Author(s):  
Сергей Андрусенко ◽  
Sergey Andrusenko
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Crime Victims ◽  
Historical Background ◽  
International Studies ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Victims Of Crime ◽  
Theory Of Law ◽  
Law And Legislation

The present article analyzes the historical and legal issues of victims of crimes in Sweden. At the present stage of development of Swedish criminal law, the Institute of the rights of victims of crime in Sweden is one of the most developed. Criminal protection of victims of crimes in the Russian Federation attends relatively little attention. The history of formation of Institute of the rights of victims is a necessary foundation for the development of it in a modern Russian theory of law and legislation. The historical background of the Institute the rights of victims which has determined the contours of a modern understanding of the rights of victims, for example, was reflected in a Swedish law. Some elements of the criminal law concept of crime victims in Sweden, such as free legal assistance, certain elements of compensation (e.g., compensation for physical and moral damages) may be implemented in the domestic theory of law and legislation. International studies indicate that the level of victimization of the population of European countries, which show the number of actual victims of crimes, is at average of 16% of the total population. In this regard, the possibility of the reception of the Swedish legal doctrine devoted to the protection of victims of crime is of particular importance for the Russian theory of law.

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